[HISTORY: Adopted by the Board of Trustees of the Village
of Briarcliff Manor 2-4-2020 by L.L. No. 1-2020. Amendments noted where
applicable.]
This chapter shall be known as the "Protection of Public Property
Law of the Village of Briarcliff Manor."
In addition to, or instead of, the criminal penalties specified
by Penal Law of the State of New York for the violations of offenses
cited hereunder, the Village of Briarcliff Manor may assess its own
civil penalties for violations related to public property as specified
in this chapter.
A.
For purposes of this chapter, all offenses may be further defined
according to the Penal Law of the State of New York.
B.
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings. Words used in the present
tense include the future and the plural includes the singular. Any
use of the singular pronous "he," "his," and "him" may be read as
"she," "hers," or "her" if more fitting. The word "shall" is intended
to be mandatory.
C.
PERSON
PUBLIC PROPERTY
As used in this chapter, the following terms shall have the meanings
indicated:
A human being or, where appropriate, a public, private, or
not-for-profit corporation, an unincorporated association, partnership,
or any other legal entity recognized by the State of New York.
Any building, structure, accessory, fire hydrant or related
appurtenances, traffic signal, light, vehicle, statue, monument, memorial,
street, sidewalk, sign, tree, poll, post, mailbox, waste receptacle,
electronic data or any other electronic or printed governmental record,
and all other articles of real property owned or maintained by or
for the Village of Briarcliff Manor.
No person shall damage, break, mar, deface, graffiti, injure,
take, transfer, relocate or remove any public property in any manner
whatsoever.
No person shall commit burglary, theft, larceny, robbery, involving
any public property, or otherwise harbor any public property in his
home, in his vehicle, on otherwise in his control.
No person shall cause or commit arson or any other criminal
mischief involving any public property.
No person shall infiltrate, hijack, hack, or otherwise interfere
with any computer, electronic storage, or network involving or stored
within any public property.
In addition to any criminal penalties, all costs and expenses
of any repair or replacement advanced by the Village to restore, repair,
or replace any public property affected by a violation under this
chapter, as well as any attorney fees and similar expenses related
to the adjudication or recovery of damages related thereto, shall
be paid by the convicted violator.
This chapter may be enforced by authorized employees of the
Village, including but not limited to the Village Manager, the Building
Inspector, the Superintendent of Public Works, the Superintendent
of Parks and Recreation, and their respective designees, any duly
appointed Code Enforcement Officers, and any member of the Police
Department of the Village of Briarcliff Manor.
A.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York.
B.
Notwithstanding the assessment of any criminal penalties and reimbursement
to Village for costs of repair or replacement, any person committing
an offense against any provision of this chapter, upon conviction
thereof, may be subject to a civil fine of not more than $1,000 for
each count or occurrence. Each count and conviction herein shall be
a separate occurrence of a civil offense.
C.
Any person who is found guilty of violating any provision of this
chapter may be required to perform suitable community services in
addition to any civil and/or monetary penalty imposed for his or her
violation as determined by any court of law.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in this operation
to the clause, sentence, paragraph, section or part thereof directly
involved in a litigation in which said judgment shall have been rendered.
When effective, this chapter repeals and replaces the former
Chapter 155, Peace and Good Order, and its predecessors, including
Local Law No. 12-2003, adopted by the Board of Trustees of the Village
of Briarcliff Manor on November 6, 2003.
This chapter shall be effective immediately upon filing with
the Secretary of State.
